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  1. Hi Urgent assistance please. Drydensfairfax served a county court claim on me on 18th Oct. I requested a copy of my CCA from MBNA in July 2009. Had various letter but no CCA, then Jan 2010 had letter stating that they need to get copy from the original lender quickly followed by default letter. Oct 2010, got a letter from MBNA telling me that they could not comply with my CCA request. Jan 2012 got a letter from MBNA to say debt being sold to Arrow Global Guernsey Limited. Oct 2012 got letter from Drydensfairfax giving me 10 days to make payment or will issue court proceedings. I sent a letter back stating the account was sold while in dispute. Drydensfaifax responded - As we have now become aware that you dispute the debt, we have placed the file on hold. However we must advise you that a county court claim was recently issued in this matter. You will shortly receive a claim pack from the court. We have requested a copy of the original credit agreement from our client as well as copies of statements of the account. No further action will be taken whilst we await this documentation from our client. We would further advise you that, upon receipt of these documents, we will forward them to you and allow you 14 days to review them and respond accordingly. Received court papers on 23rd Oct. Have responded to claim with intention to defend and sent CCA and CPR31.14 to Drydensfairfax. Also sent SAR request to MBNA. Not sure what to do now.
  2. Hi all, I defaulted on a debt in 2001 with Egg credit card (approx £5600 and entered almost immediately in to an informal payment arrangement with Egg through Moorcroft. My initial payments after 2001 default started at £1 per month and in 2010 I was paying £35 per month. In Jan 2010 I received a letter from moorcrop saying enoughs enough pay full amount within 7 days or else. I sent them a CCA request Feb 2010 and and a request for a statement of account (which I have never ever had) continued to pay monthly £35. In april 2010 I received letter from Moorcroft saying their client/Egg could not at that time supply the document and there was no mention of my statement of account. At that time I then stopped my monthly payments as I dispute what is now owed. I have paid nothing since. To date I have received 170 phonecalls and 27 letters demanding payment from 5 different dca's. Today I have received a letter from Bryan Carter on behalf /ARROW and now Barclaycard who now own the debt saying that I should receive County court docs within 48 hours. Am I correct in thinking that the april 2007 ruling was not retrospective and that my case would fall under 1974 cons credit act. I.e. no CCA no court? I am doing my homework now as regards CPR etc as I intend to defend the case. Any advice and or comments would be greatly appreciated. I have all my copy letters sent/cca request/etc and letters received. I have never had a statement of account from Egg/Moorcroft/bryan carter regarding this account since 2001. Thanks to all in anticipation, and kind regards, M.
  3. Hi, I have had a Barclayard credit card for over 10 years, untill recently I had no problems, unfortunately my circumstances have changed (hours at work cut for me and my husband) and I could no longer afford the monthly payments, thanks to the wonderful advice on this site, I sent off a CCA request and as it seems with almost everyone I was sent a copy of T&C's. (I know I did not sign a CCA) I then sent a default letter and an Sar request, today I recieved my SAR, it is a bunch of statements dated right back to April 2005,still no CCa. Now this is where i really need help, I have gone through all the statments, starting from April2005- March 2011, in my March 2011 statement barclaycard state I owe them £1721.15, (even though my credit limit is £1600.00) I have listed all the puchases made and payments made between April 2005-March 2011. Purchases total £3799.12. Payments I have made £4180.00. Help!! I am not trying to dodge any debt and I am very willing to pay for goods I have puchased, however I do not want to pay these high charges which I did not agree to, nor can afford. I have clearly paid all I honestly owe, + £380.88, within these dates. As i said before I have had the card for 10+ years and I do not have the info going back before April 2005, on the April 2005 statement they state that my balance was £552, so taking into account i have overpaid them for my puchases to the tune of £380.88 (April 2005-March 2011) and they have no CCa should I offer to pay them the difference in my overpayment and the balance in 2005 which would be £171.12??? Please help I cannot sleep worrying about this bill of £1700.00 when it is clearly all interest and default charges. I have added those up and from the statement range (April 2005-March2011) the total of interest is £1527.86, and the default charges are £204.00, total of £1731.86, which is £10 more than the balance on my last statement??? Thanks in advance to anyone who has taken the time to read this and hopefully can offer some advice..
  4. Hi! This is my first post on here and I'm looking for a bit of advice. I have been though the long route seen often on here of 'if you claim I owe you the money, show me the agreement@. HSBC have written to me admitting that they do not have the agreement but have issued county court proceeding against me. I have submitteb the defence as follows:- 1. I XXXXXXX of XXXXXX am the Defendant in this action and make the following statement as my defence to the claim made by HSBC Bank Plc. 2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: - 3. The Claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to the method the Claimant calculated any outstanding sums due, or any other matters necessary to substantiate the Claimant's claim. b) A copy of the purported written agreement that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form. c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form. 4. On receipt of the claim form the Defendant sent a request for a copy of the agreement which forms the basis of this claim, this was sent special delivery and signed for by a Mr/Ms Whittle at 08:16 on the 20th July 2010. The acting solicitors have not seen fit to respond to that letter. 5. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof. 6. The Claimant pleads that that this claim concerns an agreement regulated by the Consumer Credit Act, 1974. However, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award: The general rule. 2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974 7. I respectfully request the court’s permission to submit an amended defence should the Claimant file fully particularised Particulars of Claim. Statement of Truth I XXXXXXX, believe the above statement to be true and factual Signed Date 4th August 2010 I then wrote to the solicitors stating the above. They have replied basically saying that they don't need the agreement and if I do not sign the enclosed 'Letter of Consent' (that will never happen) to withdraw my defense they will continue to apply for summary judgement. My understanding is that without any formn of signed agreement , they are just trying it on. I would however be very appriciative of any advice on how to go from here.
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